Terms of Use
§ 1 General
(1) The provider Steinert MigrationGuide GmbH, Hoferstr. 9B, 71636 Ludwigsburg (hereinafter: provider) offers an online-based Software as a Service solution (hereinafter: “software”) for checking and evaluating immigration opportunities to Germany as well as consulting service regarding the immigration for customers (hereinafter: customer).
(2) The provider offers no guarantee that the software will be ready for use at all times. Temporary software failures may occur due to force majeure or other influences for which the provider is not responsible. The provider endeavors to keep the software up to date, but is not obliged to update or expand the functions.
(3) The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, according to Section 14 of the German Civil Code (BGB), an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract / payment modalities
(1) The provider acts as an agent of the contract. Customers must enter into a paid contract to use the software. The contract is concluded between the external provider FastSpring (www.fastspring.com) and the customer when the customer has selected a package, filled out the order form and agreed to FastSpring 's terms and conditions and then completes the order by clicking a button. Reference is made to FastSpring ’s terms and conditions.
(2) Regarding the exact scope of services of the various packages, please refer to the description on the provider's website.
(3) Payment of the fee is due in advance.
(4) The prices stated on the website apply at the time the contract is concluded. The price represents the price in the currency Euro at the sales tax rate applicable in Germany. The final price depends on the sales tax regulations in the customer's country and on the conversion rate into the respective national currency. The final price displayed in FastSpring’s ordering process is binding.
(5) The contract text will be saved in compliance with data protection regulations.
§ 3 Obligations of the customer / services
(1) If the content transmitted by the customer violates the rights of third parties, e.g. due to copyright, competition law or protection of legitimate expectations, the provider will be released from any third-party claims by the customer. This release includes claims for damages, injunctive relief and information, as well as the necessary costs of legal defense.
(2) The customer undertakes to keep the data transmitted by him correct and up-to-date and to immediately report any changes to the provider.
(3) The customer is granted the non-exclusive right to use the software during the contract period. The customer may neither sell the usage rights nor give them to third parties. The right of use is subject to the full payment of the fees.
(4) The provider does not provide the services of a tax advisor, lawyer or auditor. The customer is responsible for compliance with legal regulations.
(5) If the package selected by the customer also includes personal advice, the parties will agree on an appointment in this regard. If the provider is unable to attend, a free alternative appointment will be offered. If the customer cancels the appointment or culpably fails to attend, there will be no refund of the fees paid. With support via WhatsApp, this only takes place during the provider's business hours.
(6) The immigration purposes that the provider covers can be found on the website. The provider endeavors to cover all use cases within these immigration purposes with the software, but does not guarantee that all individual, specific use cases are covered.
§ 4 Access time to services
The access time to the provider's content depends on the selected package. There will be no automatic renewal after the access period has expired, so no cancellation is necessary.
§ 5 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.
(3) Liability for lost profits is excluded. The provider is not liable for successful immigration.
(4) In particular, the provider is not liable if the software is unavailable or malfunctions through no fault of its own.
(5) The provider cannot guarantee that all information is complete, correct and up-to-date at all times. The provider is not liable if price errors occur due to technical problems.
(6) The restrictions in paragraphs 1 to 5 also apply to the benefit of the provider's legal representatives and vicarious agents if claims are asserted directly against them.
§ 6 Warranty / Source Code
(1) The customer only acquires a right to use the software and does not acquire any ownership or copyright therein. As a result, there is no statutory warranty right.
(2) The customer has no right to release or view the source code of the software.
§ 7 Data protection
(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless consent is given or this is necessary to carry out the contractual relationship.
(2) The customer assures that he has obtained the consent of the third party when entering their personal data and releases the provider from any claims in this regard.
(3) The rights of those affected by data processing arise in particular from the following standards of the GDPR:
- Article 7 Paragraph 3 – Right to revoke data protection consent
- Article 15 – Right of access of the data subject, right to confirmation and provision of a copy of personal data
- Article 16 – Right to rectification
- Article 17 – Right to erasure (“right to be forgotten”)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right to object
- Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority
(4) To exercise their rights, the person concerned is asked to contact the provider by email or, if they have a complaint, to the responsible supervisory authority.
(5) Reference is made to the data protection declaration on the provider’s website.
§ 8 Confidentiality
(1) “Confidential information” is all information, files and documents about processes of the other party concerned that come to the knowledge of the other party.
(2) Both parties undertake to maintain confidentiality regarding confidential information concerning the other party and to use it only for the implementation of this contract and the purpose pursued thereby.
(3) Both parties undertake to impose a duty of confidentiality on all employees and/or third parties who have access to the aforementioned processes.
(4) The obligation of secrecy pursuant to paragraph 2 does not apply to information
a) which were already known to the other party when the contract was concluded,
b) which had already been published at the time of disclosure by the customer without this resulting from a breach of confidentiality by the other party,
c) which the other party has expressly approved for distribution in writing,
d) which the other party has lawfully received from other sources without any confidentiality restrictions, provided that the transfer and use of this confidential information does not violate contractual agreements, legal regulations or official orders,
e) which the other party developed itself without access to the customer's confidential information,
f) which must be disclosed due to legal information, information and/or publication obligations or official orders.
§ 9 Place of jurisdiction and applicable law
(1) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Place of jurisdiction and place of performance is the provider's registered office in Ludwigsburg, provided the customer is an entrepreneur.
§ 10 Scope of the terms of use and changes
(1) By concluding the contract, the customer agrees to the applicable terms of use.
(2) The prices can be changed by the provider with effect for the future.
§ 11 Severability clause
Should a provision of these terms of use be or become ineffective, the validity of the rest of the terms of use will not be affected. The invalid provision should be replaced by a provision that comes closest to the will of the parties within the scope of what is legally possible. The same applies in the event of a regulatory gap.
As of: October 2023